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Can I withhold payment from a subcontractor due to faulty workmanship? Do they have the right to lien the property ?

LouisianaMechanics Lien

I am a General Contractor that hired a roofing company to install a roof on a home. The roof leaked causing damage to the interior. I paid 2 different companies to fix the roof leak and repair the damage on the interior. In addition the initial company installed another roof for me that had issues and to be corrected. These damages totaled up to about what was owed on the home that got the interior damage . Now the sub contractor has placed a lien on my home owners home. .

1 reply

Mar 22, 2022

The question below depends on the terms of the subcontract and the facts. But if the subcontract was breached, my guess is that you may not have to pay the subcontractor for faulty work.

 

With respect to the right to file a lien, it depends on timing. If the job was substantially completed and the lien period passed before the lien was filed, then the subcontractor would have no lien rights. How long ago was the project completed? If the lien was filed untimely, then the lien is invalid. If it is invalid, then it is likely that a suit could be filed to force the subcontractor to cancel/remove the lien.

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